Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10941 of 2019 Petitioner :- Faieem and 6 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Usha Srivastava,Shantanu Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Smt. Usha Srivastava and Sri Shantanu Srivastava, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 6.4.2019 registered as Case Crime No.313 of 2019 under sections 498A, 354 (B), 323, 504 I.P.C. & under Section 3/4 Dowry Prohibition Act, P.S. Kotwali Shahar District Bijnor.
It is contended on behalf of the petitioners that it's an offshoot of a matrimonial dispute where entire family of the husband has been implicated for ulterior motive, a case of no injury, allegation under Section 354 (B) I.P.C. is against the brothers- in-law, which are malafidely motivated, F.I.R. be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 25.4.2019 Ram Murti